Acórdão nº 084886 de Supremo Tribunal de Justiça (Portugal), 08 de Março de 1994 (caso NULL)
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 08 de Março de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART821 ART1040 ART1251 ART1252 N2. CCIV66 ART601.
Jurisprudência Nacional: AC STJ DE 1985/06/25 IN BMJ N348 PáG384.
Sumário : I - Constituindo o estabelecimento comercial uma unidade jurídica que aglutina elementos corpóreos e incorpóreos afectos ao exercício da actividade mercantil e que, por isso, não é possível dissociar de todo, não pode o respectivo local onde se exerce essa actividade ser objecto de posse tal como a define o artigo 1251 do Código Civil. II - Assim, é vedado o recurso aos meios possessórios para obter a restituição da posse. III - As conclusões anteriores são aplicáveis por maioria...
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